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Understanding the Statute of Limitations for Personal Injury Claims in Texas
Marco Sanchez

When someone is injured in an accident, the last thing they want to think about is legal deadlines. But in Texas, the statute of limitations—the legally required time frame for filing a lawsuit—can make or break your case. If you file too late, you may lose your right to recover compensation completely.

This guide breaks down the statute of limitations for the most common personal injury claims in Texas, including auto accidents, slip-and-fall injuries, and medical malpractice, using clear, simple language so you can understand your rights.

What Is the Statute of Limitations?

The statute of limitations is the legal deadline for filing a lawsuit. Once the deadline passes, courts typically will not allow your case to move forward, no matter how strong your evidence may be.

These laws exist to ensure cases are handled when:

  • Evidence is fresh

  • Witness memories are reliable

  • Both sides can fairly present their case

In Texas, the statute of limitations varies depending on the type of injury, the circumstances, and sometimes the age or awareness of the injured person.

Statute of Limitations by Personal Injury Type in Texas

1. Auto Accidents (Car, Truck, Motorcycle)

Deadline: 2 years from the date of the accident

Under Texas Civil Practice & Remedies Code §16.003, individuals injured in motor vehicle accidents have two years from the date of the crash to file a lawsuit. This includes:

  • Car accidents

  • Truck collisions

  • Motorcycle crashes

  • Pedestrian or bicycle accidents involving a vehicle

Why this deadline matters:

Even if insurance negotiations are ongoing, the court will dismiss your case if you haven’t filed suit before the two-year mark.

2. Slip-and-Fall & Other Premises Liability Claims

Deadline: 2 years from the date of the injury

Slip-and-fall cases fall under Texas premises liability law, and they also carry a two-year statute of limitations.

This includes injuries from:

  • Wet or slippery floors

  • Broken handrails or stairs

  • Falling objects

  • Poor lighting

  • Negligent property maintenance

Important note:

Businesses and property owners often begin repairing or cleaning up immediately after an accident. The faster you act, the easier it is to preserve evidence such as photos, surveillance footage, and witness statements.

3. Medical Malpractice Claims

Deadline: 2 years from the date of the injury or the date the negligent act occurred

Medical malpractice has more nuanced rules. Generally:

  • You have 2 years from the date of the malpractice, or

  • 2 years from the end of treatment if the negligent act is part of a continuous course of care

Special rule: The 10-Year Statute of Repose

Even if you did not discover the injury right away, Texas law bars any medical malpractice lawsuit filed more than 10 years after the malpractice occurred—no exceptions.

Exceptions may apply:

  • Children under age 12: A lawsuit must be filed by their 14th birthday.

  • Cases involving fraud or concealment: Some extensions may apply if the provider intentionally hid the error.

Medical malpractice deadlines are strict, and courts rarely allow extensions—so it’s crucial to consult an attorney quickly.

When Does the “Clock” Start Running?

This is one of the most common questions injury victims ask.

The statute of limitations typically begins:

  • On the date of the accident or injury

  • When the malpractice occurred or when treatment ended

  • In rare cases, when the injury was discovered (known as the “discovery rule”)

The Discovery Rule

Texas applies the discovery rule very narrowly. It may apply only when:

  • The injury was not immediately detectable, and

  • The victim could not have reasonably discovered the harm earlier

Examples may include surgical objects left inside the body or misdiagnoses.

What Happens If You Miss the Deadline?

Missing the statute of limitations is one of the most serious legal pitfalls.

If you miss the deadline:

  • Your case is almost always dismissed

  • You lose the right to pursue compensation

  • The insurance company no longer has any incentive to negotiate

Even a delay of a few days can end your case. This is why injury victims should speak with an attorney as early as possible.

Why Acting Quickly Helps Your Case

In addition to legal deadlines, acting fast helps strengthen your case because:

  • Evidence disappears: surveillance video is overwritten, conditions are repaired, and witnesses forget details

  • Medical documentation is clearer when gathered early

  • Insurance companies delay until deadlines are close, hoping you’ll miss them

Starting early gives you and your attorney time to build the strongest case possible.

Frequently Asked Questions (FAQ)

1. What if I didn’t realize I was injured right away?

If your injury wasn’t immediately apparent, the discovery rule may apply—but only in very limited situations. Most personal injury cases still follow the standard 2-year deadline.

2. Does reporting the accident to insurance count as filing a lawsuit?

No.
Only filing an actual lawsuit with the court preserves your rights. Insurance claims alone do not stop the statute of limitations clock.

3. What if the person who injured me left the state?

Texas allows the statute to be “tolled” (paused) if the defendant leaves the state temporarily, but the rules can be complex and fact‐specific.

4. What if the victim is a minor?

For minors, the statute typically does not begin until they turn 18.
Exception: Medical malpractice cases involving minors follow different rules.

5. Can the deadline ever be extended?

Extensions are rare and granted only under limited circumstances, such as fraud, concealment, or certain cases involving minors. Most claims must be filed within the standard deadline.

Final Thoughts: Protect Your Rights Before Time Runs Out

Texas imposes strict timelines on personal injury claims. Whether you were hurt in a car accident, slipped and fell at a business, or suffered harm due to a medical provider’s negligence, filing your claim on time is essential.

If you think you may have a claim—or even if you’re unsure—speaking with an experienced personal injury attorney can help you understand your rights and preserve your ability to seek compensation.